1 CGHC010338962026 2026:CGHC:38833 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8128 of 2026 Mukesh Nirmalkar S/o Sheru Nirmalkar Aged About 23 Years R/o Bhawani Nagar, Kota, District Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Sarswati Nagar, Raipur District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Titra Ram Patel, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.09.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 46/2026 registered at Police Station – Saraswati Nagar Raipur, District - Raipur (C.G.), for the offences punishable under Sections 119(1), 296, 115(2), 351(2) and 324(4) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution case, in brief, is that on 21.02.2026, the complainant, namely, Maina Nirmalkar, who is the sister of the applicant, lodged an oral report at Police Station Saraswati Nagar, Raipur, District Raipur (C.G.), stating that the applicant had demanded money for ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.09.02 16:53:07 +0530 2 consuming intoxicants, but upon her refusal, the applicant assaulted her and also damaged the car. On the basis of the said oral report, Police Station Saraswati Nagar, Raipur, registered Crime No. 42/2026 against the applicant for the offences punishable under Sections 115(2), 119(1), 296, 324(4), and 351(2) of the B.N.S. Act. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the applicant is a young person aged about 23 years and is working as a labourer. He has been in judicial custody since 10.07.2026, and his prolonged incarceration and continued association with hardened criminals may adversely affect his future and lead to his rehabilitation being jeopardized. He also submits that there is a land dispute between the complainant and the applicant, and therefore, the complainant has lodged a false and fabricated report against the applicant with an ulterior motive. He submits that the applicant has been in jail since 10.05.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the applicant demanded money from his sister for consuming intoxicants and, upon her refusal, assaulted her and damaged her car. She further submits that the applicant has 06 criminal antecedents, out of which four cases are registered under the B.N.S. Act and two cases are registered under the Arms Act, which prima facie indicates that the applicant is a habitual offender. She therefore submits that, considering the nature of the allegations and the criminal antecedents of the applicant, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the submissions made on behalf of the State, the nature and gravity of the allegations, and the material available on record, this Court finds that the applicant demanded money from his sister for consuming intoxicants and, upon her refusal, assaulted her and damaged her car. Further, the applicant has six criminal antecedents, out of which four cases are registered under the provisions of the B.N.S. Act and two cases are registered under the Arms Act, which prima facie indicates that the applicant is a habitual offender. In this regard, it is also relevant to refer to the judgment rendered by the Hon’ble Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court cancelled the bail granted to the accused therein, taking into consideration his previous criminal antecedents. In view of the aforesaid circumstances, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Mukesh Nirmalkar, involved in Crime No. 46/2026 registered at Police Station – Saraswati Nagar Raipur, District - Raipur (C.G.), for the offences punishable under Sections 119(1), 296, 115(2), 351(2) and 324(4) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Abhishek